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My employer has entered liquidation or bankruptcy and I have unpaid employment entitlements.

This sucks big time when this happens, happened to me at least three times in my working life.

If this has happened to you, God love our Australian Government, we are blessed to live in this lucky country, there is this thing called the Fair Entitlements Guarantee. Information is shoen below.

It has never worked for me in the past and their is a fair bit of paperwork to do, but its worth a shot if you are owed thousands from a dodgy Employer like I was.

My story did not end well as I was a contractor.

The Fair Entitlements Guarantee provides financial assistance to cover certain unpaid employment entitlements to eligible employees who lose their job due to the liquidation or bankruptcy of their employer, where the liquidation or bankruptcy occurred on or after 5 December 2012.

fair-entitlements-guarantee

The Australian Government provides financial assistance to cover certain unpaid employment entitlements to eligible employees who lose their job due to the liquidation or bankruptcy of their employer.

This help is available through the Fair Entitlements Guarantee (FEG).

Fair Entitlements Guarantee (FEG) is a legislative safety net scheme of last resort with assistance available for eligible employees.

What can I claim?

You may be able to claim:

  • your unpaid wages—up to 13 weeks
  • your unpaid annual leave and long service leave
  • payment in lieu of notice—up to five weeks
  • redundancy pay—up to four weeks per full year of service.

Note—unpaid Superannuation Guarantee Contributions cannot be claimed—these should be pursued through the Australian Taxation Office.

More information on what you can claim is available in the What assistance can FEG provide? .

Am I an eligible employee?

You may be eligible for FEG assistance if:

  • you have lodged an effective claim within 12 months (of either the date you lost your job or the date of the liquidation or bankruptcy of your former employer)
  • you have lost your job due to, or less than six months before, your employer’s liquidation or bankruptcy
  • you are owed at least one of the entitlements mentioned above
  • you were an Australian citizen or the holder of a permanent visa or special category visa that allows you to stay and work in Australia at the time your employment ended.

Textile, clothing and footwear (TCF) contract outworkers may be eligible—see TCF contract outworkers scheme Fact Sheet for more information.

You won’t be eligible if, for example:

  • you were a contractor
  • you were a director of the company or a relative of the director of the company within 12 months before liquidation
  • you do not meet all of the conditions of eligibility set out in the Fair Entitlements Guarantee Act 2012.

More information on eligibility, how to apply and lodging a claim for assistance is available.

How do I make a claim?

Applying online is the quickest way to receive your entitlements:

  • lodge a claim for assistance online at FEG Online Services
  • make sure you read the full FEG fact sheets prior to submitting your claim
  • you will need to provide specified evidence of your citizenship status for your claim to effective.
  • Remember that you only have 12 months to lodge your effective claim.

More information on eligibility, how to apply and lodging a claim for assistance is available.

What if I can’t make a claim online?

You can print and complete the FEG Claim Form and send it to the Department of Employment by email, post or fax. Alternatively, you can call the FEG Hotline and we will post the claim form to you.

Want to know more?

Have a look at our Service CharterFrequently Asked Questions and Fact Sheets orContact Us.

If you have difficulty speaking or understanding English call the Translating and Interpreting Service  (TIS National) on 131 450 for the cost of a local call on land lines. Ask TIS National to call the Fair Entitlements Guarantee on 1300 135 040.

If you are deaf, or have a hearing impairment or speech impairment, contact us through the National Relay Service (NRS) in two easy steps:

  1. Choose your preferred NRS access point
  2. Give the Fair Entitlements Guarantee phone number 1300 135 040.

More info can be found here

 

 

 

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